Court reaffirms order on Buddha statue case

[TamilNet, Wednesday, 25 May 2005, 18:10 GMT]
Mr.M.Ganesharajah Trincomalee Magistrate and Additional District Judge Wednesday reaffirmed his earlier judgement on the controversial Buddha statue in Trincomalee bus stand and directed that the Police should continue its effort with the co-operation of the Urban Council administration in regard to the temporary removal of the statue and against unlawful structures of other faiths, legal sources said.

Trincomalee Police at the first instance of the controversial Buddha statue filed an application under Section 81 of the Criminal Procedure Code citing Mr.Keerthi Jayalal, Secretary of the Three Wheelers Association and Mr.V.Vigneswaran, President of the Trincomalee District tamil Peoples Forum as the parties of the dispute regarding the statue issue.Mr.Kirthi Jayalal was responsible for the erection of the statue and Mr.Vigneswaran was made a party for calling a general shut down demanding the removal of the statue according to the prosecution, legal sources said

On the first date of inquiry held on May 18, the Judge made an order that the police should take all possible steps to temporarily remove the statue by holding direct talks with the parties concerned and thereafter a solution could be found by the UC administration by taking legal action. The Judge further instructed the UC to take legal steps against any other unlawful structures of other faith if proper complaint is made. The court put off further inquiry into the application for May 25, legal sources said.

When the inquiry resumed Wednesday, May 25, Mr.Keerthi Jayalal was present in court with his Attorney-at-Law Mr.Thushara Dissanayake for the first time. Attorney-at-Law Mr.A.Jegasothy appeared for Mr.Vigneswaran, legal sources said.

Mr.Priyantha Weerasuriya, Assistant Superintendent of Police on behalf of the prosecution made an application to allow Mr.Keerthi Jayalal and Mr.Vigneswaran on bail under Section 81 of the CPC. Counsel of both parties argued that there is no law to allow their clients on bail under the Section 81 of the CPC, legal sources said.

Refusing the application by the Police, as it was against the law, the Judge ordered that Mr.Keerthi Jayalal and Mr.Vigneswaran be released from the case, legal sources said.

Regarding the statue issue the prosecution told court that the police unsuccessfully tried its best to implement the decision of the court delivered on May 18.

The Judge said in his order that action should be taken without delay on the complaint made by the UC whether the statue could be removed or not on the basis of the court judgement given on May 18. The court further ordered that the UC should take legal step against the construction of unauthorised structures of other faiths and buildings, legal sources said.